In re Altagracia L.

Appellate Division of the Supreme Court of New York

In re Altagracia L.

266 A.D.2d 51, 698 N.Y.S.2d 457, 1999 N.Y. App. Div. LEXIS 11601

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1999

StatusPublished

This text of 266 A.D.2d 51 (In re Altagracia L.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Altagracia L., 266 A.D.2d 51, 698 N.Y.S.2d 457, 1999 N.Y. App. Div. LEXIS 11601 (N.Y. Ct. App. 1999).

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Opinion

—Order of disposition, Family Court, New York County (Mary Bednar, J.), [52]*52entered on or about December 15, 1997, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of attempted assault in the second degree (two counts), criminal possession of a weapon in the fourth degree and unlawful possession of a weapon by a person under 16, and placed her on probation for a period of 1 year, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the court’s determinations concerning credibility. There was ample evidence to disprove appellant’s defense of justification beyond a reasonable doubt, including evidence that appellant sought out the complainant, initiated an altercation with her, struck her, and stabbed her several times with scissors. Concur — Ellerin, P. J., Rosenberger, Nardelli, Lerner and Andrias, JJ.

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—Order of disposition, Family Court, New York County (Mary Bednar, J.), [52]*52entered on or about December 15, 1997, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of attempted assault in the second degree (two counts), criminal possession of a weapon in the fourth degree and unlawful possession of a weapon by a person under 16, and placed her on probation for a period of 1 year, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the court’s determinations concerning credibility. There was ample evidence to disprove appellant’s defense of justification beyond a reasonable doubt, including evidence that appellant sought out the complainant, initiated an altercation with her, struck her, and stabbed her several times with scissors. Concur — Ellerin, P. J., Rosenberger, Nardelli, Lerner and Andrias, JJ.

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Bluebook (online)

266 A.D.2d 51, 698 N.Y.S.2d 457, 1999 N.Y. App. Div. LEXIS 11601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-altagracia-l-nyappdiv-1999.